Welcome to the ComSpark Pty Ltd (“ComSpark”) website (the “Site”). In accessing and using this Site, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions.

Your obligations

If you are not over the age of 18 years, you must obtain the consent of your parent or guardian before using this Site.

You must not:

use any other persons name, user identification (or password if applicable) when accessing or using this Site, unless it is with the consent of ComSpark;
post or transmit any material which in any way defames, harasses or offends any person, is obscene or which in any way may interfere with any other users of this Site;
provide any information to ComSpark which is the confidential information or proprietary information of any other person;
use this Site in any way which may be in breach of any laws, rules or regulations or may infringe any third party rights; or
knowingly transmit any virus or take any action which may interfere with the operation of this Website.

Links

This Site may contain links to other websites which are not under the control of, or which are not maintained by, ComSpark. The links to any such third party websites are provided for your convenience and information only. If you access these websites you do so at your own risk. ComSpark is not responsible for the content of those websites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or your reliance on any such content. The fact that a website is linked to this Site does not imply any endorsement or sponsorship by ComSpark of that Website or that ComSpark is affiliated in any way with the third party operating that third party website.

Change of Information, Products and Services

Information, products, services and prices published on this Site are subject to change without notice.

Information provided to ComSpark

You may at your discretion provide information to ComSpark in order to receive information about ComSpark, products or services displayed on this Site, or to be involved in promotions or other activities undertaken by ComSpark through facilities available on this Site. If you do so, you agree that any such information becomes the property of ComSpark and may be used by ComSpark or others, reproduced, published, transmitted, displayed modified or distributed at ComSpark’s discretion, subject to ComSpark’s obligations under its Privacy Policy.

Copyright

All contents of this Site, including the software, design, text and graphics are owned by or licensed to ComSpark and are protected by copyright under the laws of Australia and other countries. Apart from fair dealing for the purpose of personal use, private study, research, criticism or review as permitted under copyright legislation, you may not reproduce, transmit, adapt, distribute, sell, modify or publish or otherwise use any of the material on this Site without the prior written consent of ComSpark.

Trademarks

This Site includes trademarks, which are registered, are the subject of pending applications or which are otherwise protected by law. You may not use these trademarks without the consent of ComSpark.

DISCLAIMER & LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, ComSpark EXCLUDES ALL:
WARRANTIES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING IN ANY WAY TO THIS SITE, YOUR USE OF THIS SITE AND THE INFORMATION, PRODUCTS AND SERVICES SUPPLIED, OFFERED TO BE SUPPLIED OR ADVERTISED OR ACCESSED THROUGH THIS SITE; AND
LIABILITY (INCLUDING FOR NEGLIGENCE) TO YOU OR ANYONE ELSE IN RESPECT OF ANY LOSS OR DAMAGE (INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE), COSTS AND EXPENSES SUFFERED BY YOU OR CLAIMS MADE AGAINST YOU ARISING FROM OR IN CONNECTION WITH ANY USE OF THE INFORMATION, PRODUCTS OR SERVICES SUPPLIED, OFFERED TO BE SUPPLIED OR ADVERTISED OR ACCESSED THROUGH THIS SITE FOR ANY REASON WHATSOEVER (INCLUDING NEGLIGENCE).
IN THE EVENT THAT TERMS, CONDITIONS OR WARRANTIES ARE IMPLIED BY LAW AND CANNOT BE EXCLUDED, THEN THOSE TERMS CONDITIONS OR WARRANTIES ARE INCLUDED HOWEVER THE LIABILITY OF ComSpark IS LIMITED AT ITS OPTION TO ONE OR MORE OF THE FOLLOWING:

IN THE CASE OF THE SUPPLY OF GOODS:
THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS;
THE PAYMENT OF THE COST OF REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; OR
THE REPAIR OF THE GOODS OR PAYMENT OF THE COST OF REPAIR OF GOODS; AND
IN THE CASE OF THE SUPPLY OF SERVICES:
SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF SUPPLYING THE SERVICES AGAIN.

Indemnity

You agree to indemnify ComSpark and its partners, agents, officers, employees and other authorised representatives against all claims, suits, demands, damages, liabilities, costs or expenses arising in any way out of or in any way connected to your use of this Site.

Termination

If in ComSpark’s reasonable opinion you fail to comply with any of these terms and conditions of use of this website, ComSpark may terminate or limit your access to this website.

Governing Law

Any legal issues arising out of the use of this Site will be governed by the laws of Western Australia and by using this Site you submit to the jurisdiction of the courts of that state.

Dispatch and Deliveries policy

As a service provider ComSpark do not deliver or dispatch goods alone.

Returns and Refunds Policy

No refunds or returns on goods. All workmanship is guaranteed to meet Australian Standards.